[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Notices]
[Pages 55795-55796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2221]



[[Page 55795]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-506]


Certain Porcelain-On-Steel Cookware from the People's Republic of 
China: Initiation of New Shipper Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: September 16, 2004.

FOR FURTHER INFORMATION CONTACT: Anya Naschak at (202) 482-6375 or 
Benjamin Kong at (202) 482-7907; Office of China/NME Antidumping Duty 
Enforcement Group, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request from Shanghai Watex Metal 
Products Co., Ltd. (``Watex'') in accordance with 19 CFR 351.214(c), 
for a new shipper review of the antidumping duty order on porcelain on 
steel cookware (``POS'') from the People's Republic of China (``PRC''), 
which has a December annual anniversary month and a June semiannual 
anniversary month. See Antidumping Duty Order; Porcelain-on-Steel 
Cooking Ware from the People's Republic of China, 51 FR 43414 (December 
2, 1986). In its request, Watex identified itself as both the producer 
and exporter of POS. As required by 19 CFR 351.214(b)(2)(i) and 
(iii)(A), Watex certified that it did not export POS to the United 
States during the period of investigation (``POI''), and that it has 
never been affiliated with any exporter or producer which exported POS 
during the POI. Furthermore, Watex has also certified that its export 
activities are not controlled by the central government of the PRC, 
satisfying the requirements of 19 CFR 351.214(b)(2)(iii)(B). Pursuant 
to the Department's regulations at 19 CFR 351.214(b)(2)(iv), Watex 
submitted documentation establishing the date on which the subject 
merchandise was first entered for consumption in the United States, the 
volume of that first shipment and any subsequent shipment, and the date 
of the first sale to an unaffiliated customer in the United States.
    On August 26, 2004, and August 27, 2004, the Department issued pre-
initiation supplemental questionnaires to Watex to clarify information 
submitted in its request for a new shipper review. The Department also 
requested that Watex clarify whether the merchandise exported by Watex 
and entered during the period of review was in fact subject merchandise 
(due to the proprietary nature of this information, it is discussed in 
greater detail in the Letter from the Department dated August 27, 2004, 
which is on the record in this review and is on file in the Central 
Records Unit (``CRU'') located in room B-099 of the Main Commerce 
Building). In Watex's supplemental questionnaire response, dated August 
31, 2004, Watex responded to the Department's request for clarification 
and provided additional documentation as requested.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries to determine whether Watex's shipment had 
entered the United States. In addition, the Department confirmed 
through research on the internet and through Dunn and Bradstreet 
reports that Watex and the importer of record appear to be bona fide 
companies.

Scope

    Imports covered by this review are shipments of POS cooking ware, 
including tea kettles, which do not have self-contained electric 
heating elements. All of the foregoing are constructed of steel and are 
enameled or glazed with vitreous glasses. The merchandise is currently 
classifiable under the Harmonized Tariff Schedule (``HTS'') item 
7323.94.00. HTS items numbers are provided for convenience and customs 
purposes. The written description of the scope remains dispositive.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Act, as amended, and 
19 CFR 351.214(d)(1) of the Department's regulations, and based on 
information on the record, we are initiating a new shipper review for 
Watex. See Memorandum to the File through James C. Doyle, New Shipper 
Review Initiation Checklist, dated September 9, 2004. We intend to 
issue the preliminary results of this review not later than 180 days 
after the date on which this review was initiated, and the final 
results of this review within 90 days after the date on which the 
preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B) of the Department's 
regulations, the period of review (``POR'') for a new shipper review 
initiated in the month immediately following the anniversary month will 
be the six-month period immediately preceding the semi-annual 
anniversary month. Therefore, the POR for this new shipper review is:

----------------------------------------------------------------------------------------------------------------
              Antidumping Duty Proceeding                                 Period to be Reviewed
----------------------------------------------------------------------------------------------------------------
Exporter/Producer: Shanghai Watex Metal Products Co.,                                        12/01/03 - 05/31/04
 Ltd..................................................
----------------------------------------------------------------------------------------------------------------

    It is the Department's practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate to 
provide evidence of de jure and de facto absence of government control 
over the company's export activities. See e.g., Notice of Preliminary 
Results of Antidumping Duty New Shipper Review: Honey from the People's 
Republic of China, 68 FR 33099 (June 3, 2003); Notice of Final Results 
of Antidumping Duty New Shipper Review: Honey from the People's 
Republic of China, 68 FR 62053 (October 31, 2004) (unchanged in the 
final results). Accordingly, we will issue a questionnaire to Watex 
concerning separate rates. The review will proceed if the responses 
provide sufficient indication that Watex is not subject to either de 
jure or de facto government control with respect to their exports of 
POS. However, if Watex does not demonstrate its eligibility for a 
separate rate, then it will be deemed not separate from other companies 
in the PRC that exported during the POI and the new shipper review will 
be rescinded.
    In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e), we will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a single 
entry bond or security in lieu of a cash deposit for certain entries of 
the merchandise exported by Watex. Specifically, since Watex has 
identified itself as both the producer and exporter of the subject 
merchandise for the sale under review, we will instruct CBP to limit 
the bonding option only to entries of

[[Page 55796]]

merchandise exported by Watex that were also produced by Watex.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective orders in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act (19 U.S.C. 1675(a)(2)(B)) and 19 CFR 351.214(d) 
of the Department's regulations.

    Dated: September 9, 2004.
Jeffrey A. May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E4-2221 Filed 9-15-04; 8:45 am]
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